| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Financial technology (FinTech) is evolving faster. Internationally, there is no unified definition of the financial technology. Broadly speaking, a technology related to financial services can be called as the financial technology. The Financial technology industry is not limited to the financial industry, and many technology industries have gradually entered the financial services market and developed rapidly. The financial services are the innovations produced by using the technological means in the financial service. Intellectual property (IP) laws allow innovators to protect their financial technology innovative products and services. Therefore, people inevitably paid attention to how to protect their financial technology innovative products and services by using the intellectual property laws, and the intellectual property protection has become an important link in advancing the development of the financial technology sector and enhancing the country’s competitiveness.
At present, most countries have believe the patent protection for the the financial technology innovative products and services is the beat way. Recently, the financial technology patents have increased rapidly in Taiwan. However, the number of the applications of China e-commerce companies has topped. In order to prevent from that the foreign financial technology companies create or increase the barriers to entry into the financial technology markets with the patent portfolio and further from creating the competitive threat to the financial service-related traders, the issues, such as the practices in the financial technology patent, and the standards and strategies for the examination of the financial technology patent, not only have considerable study value, but also have significantly substantial meaning.
This paper studies the relevant laws and regulations applicable to examine the financial technology patents of Cross Striaght (Taiwan and Maninland China) and administrative and judicial cases of Taiwan and Maninland China, and further discusses and compares the situations under which the relevant laws and regulations of Taiwan and Maninland China are applicable to the financial technology patents. Therefore, this paper includes the legal basis of substantive examination for the financial technology patents of Cross Striaght, the patent requirements for the financial technology patents of Cross Striaght, the examination practices for the financial technology patents of Cross Striaght and the judicial practices for the financial technology patents of Cross Striaght. This helps to ascertain specific provisions that Taiwanese companies or applicants should consider when preparing the financial technology patents. Recommendations are also made for companies or applicants to devise patent protection strategies for thire financial technology innovative products and services. Lastly, the actual cases of Taiwanese and Chinese financial technology patents are used as the bases to arrive at conclusions, and the appropriate recommendations from the three aspects of the legal and regulatory system, policies, and business management are made.
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